Friday, March 28, 2008

Not Unauthorized Practice

In a Nebraska probate proceeding, the county court ruled that two documents filed on behalf of a claimant by Tennessee counsel be struck as filings in violation of the Nebraska unauthorized practice statute. On appeal, the Nebraska Supreme Court reversed and remanded. Under the applicable rules governing at the time of the filings, the documents were properly filed:

"The record reflects that First Tennessee is a Tennessee banking corporation, with its principal place of business in Memphis, Tennessee, the same city and state where Wright, the Tennessee lawyer who filed the demand for notice, maintains her law practice. First Tennessee is a client of Wright...The filing of the request for notice was effectively an administrative matter and did not in and of itself involve either rendering a legal opinion to First Tennessee or engaging in a legal contest on behalf of First Tennessee in Nebraska. Given these facts, we conclude that the county court erred as a matter of law when it determined that Wright's filing of the demand of notice constituted the unauthorized practice of law..." (Mike Frisch)

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